To expect the government to prevent such fraud from ever occurring would be like wanting it to provide cushions for all the children who might fall. To assume it to be possible to prevent successfully, by regulation, all possible malpractices of this kind, is to sacrifice to a chimerical perfection the whole progress of industry; it is to restrict the imagination of artificers to the narrow limits of the familiar; it is to forbid them all new experiments; it is to renounce even the hope of competing with the foreigners in the making of the new products which they invent daily, since, as they do not conform to our regulations, our workmen cannot imitate these articles without first having obtained permission from the government, that is to say, often after the foreign factories, having profited by the first eagerness of the consumer for this novelty, have already replaced it with something else. … Thus, with obvious injustice, commerce, and consequently the nation, are charged with a heavy burden to save a few idle people the trouble of instructing themselves or of making enquiries to avoid being cheated. To suppose all consumers to be dupes, and all merchants and manufacturers to be cheats, has the effect of authorizing them to be so, and of degrading all the working members of the community.

On intersections, boundaries, and fortifications.bfp, flip flopping joy (2009-05-01): northern territory, sexual activity, teens and police state. In which Ozzie territorial governments set out to create a territorial sex-Stasi to coerce reports of any and all sexual contact by Aboriginal teenagers. Including consensual sex or fooling-around between one teenager and another. Quote: This sort of nation/state targeted monitoring of the sexuality of teens/young people is something most people of color are vividly aware of. When you through in queerness, disability, and nationality (among others), and community expectations, things for especially teen girls of color get even worse. How do we learn, engage in, and trust ourselves to build a healthy fabulous sexuality when from the time we reach reproductive age, the nation/state literally owns the first and final say as to what happens to our bodies? How do we learn to say no or yes when the nation/state insists on doing it for us?

On legal lynching, part 2. For part 1, see last week, where I said this: When Anarchists propose that all the functions currently controlled by the authoritarian State, including the judgment of cases involving disputes or violent crimes, we are inevitably told that without a State-controlled, hierarchical system of courts, you’d have nothing more than the justice of the lynch mob. This is actually a classic example of statist inversion: by focusing on the dangers that informal and irregular efforts at seeking justice will lead to a disregard for objectivity or evidence, the statist completely blanks out the ways in which formalization and enforced hierarchy oblige government courts to disregard evidence themselves in the name of formal procedures, and to elevate authority above objectivity, by standing on ceremony or respect for turf at the expense of substantive justice. If the state’s plans to murder Troy Anthony Davis are not an example of a slow-motion lynching, what is? To which we will add, this week: Radley Balko, The Agitator (2009-05-18): Prosecutors Blocking Access to DNA Testing In which government prosecutors make active efforts to block access to DNA tests that could potentially exonerate the innocent, all in the name of you-had-your-chance jurisdictional turf wars and statist legal finality.

Left-Libertarianism

Ownership failures, not market failuresChris Dillow, Stumbling and Mumbling (2009-05-01): Markets, the poor & the left. Dillow makes two really important distinctions: one of them the familiar left-libertarian distinction between freed markets, on the one hand, and actually-existing corporate capitalism, on the other; the other a less familiar, but very important, distinction between market processes and patterns of ownership. Quote: In many ways, what look like ways in which markets fail the poor are in fact merely ways in which a lack of assets fail the poor. Exactly; and the many cases where there are not really market failures, but rather ownership failures, have everything to do with feudal, mercantile, neoliberal, and other politically-driven seizures and reallocations of poor people’s land, livelihoods, and possessions — and nothing to do with genuine market exchange.